International Law Commission

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A gate with the United Nations seal in front of the UN headquarters in New York City.

The U.N. Process for a Crimes Against Humanity Treaty Has Finally Started. Will It Account for Persons with Disabilities?

The Sixth Committee’s review of a proposed CAH treaty is a critical opportunity to ensure that persons with disabilities are not left behind.

Coming Debates to Advance New Treaty on Crimes Against Humanity Will Require Skillful Leadership

Old issues may resurface, and the working methods of the UN General Assembly's legal committee could again stymie progress in the end.
This photo taken on September 16, 2022, shows the tree used to beat children to death in the former Khmer Rouge prison camp at the Choeung Ek killing fields memorial in Phnom Penh. Mementos such as beads and candles hang from the tree and surround the base, and a sign at the base of the tree says, “Killing tree against which executioners beat children.” Cambodia's UN-backed court set up to try Khmer Rouge leaders ends its work on September 22, but with just three convictions after 16 years' work the tribunal has brought only limited solace to survivors of the genocidal regime. (Photo by TANG CHHIN SOTHY/AFP via Getty Images)

On Crimes Against Humanity, Protect the UN Sixth Committee’s Integrity With Action

The process and the International Law Commission risk irrelevance if the well-supported Draft Articles do not progress to the next phase.
National flags in front of United Nations building in New York City.

Meeting the Challenges of International Organizations’ New Threat Environment

Analysis of and recommendations for risk-mitigation planning, bolstering statutory immunity, international accountability, managing litigation & more.
A black and white photo of a UN chamber showing delegates convened for the 12 April 1974 Second Session of the Committee on the Question of Defining Aggression, United Nations Headquarters, New York. Photo: United Nations Audiovisual Library of International Law.

Using the 1933 Soviet Definition of Aggression to Condemn Russia Today

Putin has tried to reinterpret or delegitimize "aggression" to permit his attack on Ukraine – but the very definition of aggression, and its prohibition, can be traced to a pre-WWII…
A black and white photo of a UN chamber showing delegates convened for the 12 April 1974 Second Session of the Committee on the Question of Defining Aggression, United Nations Headquarters, New York. Photo: United Nations Audiovisual Library of International Law.

Використання радянського визначення агресії 1933 року для засудження Росії сьогодні

"Що саме кваліфікується як злочин агресії, поки не зовсім зрозуміло, але ніхто, хто є свідком російського…
Syrian campaigner Wafa Mustafa sits among pictures of victims of the Syrian regime as she holds a photo of her father, during a protest outside a trial of two Syrian alleged former intelligence officers accused for crimes against humanity, in the first trial of its kind to emerge from the Syrian conflict, on June 4, 2020 in Koblenz, western Germany. Wafa was part of the resistance against the Syrian government and had to flee Syria when her father was arrested. She came to Germany in 2016. (Photo by THOMAS LOHNES/AFP via Getty Images)

Crimes Against Humanity: Little Progress on Treaty as UN Legal Committee Concludes its Work

Despite a majority of States favoring a clear mandate and timeline to discuss the draft in the next year, a few countries essentially exercised vetoes.
Relatives and friends attend the funeral of Sonya Gregorio and her son Frank Gregorio on December 27, 2020 in Paniqui, Tarlac province, Philippines. Six people carry a coffin, and banner behind shows their faces and reads, “Justice for Sonia R. Gregorio; Frank Anthony R. Gregorio; Our condolences and sympathy to the bereaved family from Rev. Peter M. Gregorio”

Toward a Treaty on Crimes Against Humanity: A View from the Philippines and a Region of ‘Non-Interference’

Such a convention could help dispel a culture of impunity by reaffirming the gravity of such atrocities and filling gaps left by the Rome Statute.
Former Liberian President Charles Taylor flanked by uniformed guards waits for the start of his appeal judgement on September 26, 2013 in the courtroom of the Special Court for Sierra Leone in The Hague.

The Draft Convention on Crimes Against Humanity Should Enshrine the Highest Standards of International Law

While it contains laudable provisions, it is silent on certain fundamental issues, and some clauses set out the lowest common denominator.
Malian Muslim militant Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud attends his trial at the International Criminal Court (ICC) in The Hague, The Netherlands, on July 8, 2019.

Expanding Justice for Gender-Based Crimes with a Treaty on Crimes Against Humanity

Such a legal framework could be transformative for so many who have been left out or on the margins of existing mechanisms, including women.
A Bosnian Muslim signs a book in a makeshift memorial for Bosnian Muslim victims on November 22, 2017 in The Hague, The Netherlands. Photographs dangle on strings at the memorial.

The Relay Race of Defining Crimes Against Humanity – From the International Tribunals to the Draft Articles

At times the baton was dropped; at other times, drafters successfully overcame the hurdles in the process, as with the ICC Statute.
Diane Foley, the mother of slain ISIS hostage James Foley, stands alongside the parents of slain ISIS hostage Kayla Mueller, Carl Mueller and Marsha Mueller, and family members of 2 other slain ISIS hostages, following the guilty pleas by Alexanda Kotey, a member of the notorious Islamic State kidnapping cell dubbed the "Beatles," to charges of conspiring to murder four American hostages, including Mueller and Foley, outside the the US District Court in Alexandria, Virginia, September 2, 2021.

Impact-Based Jurisdiction and Crimes Against Humanity Statutes Are Needed for Effective Accountability

The answer is to fully enact international criminal law at the national level and to provide for its maximum reach.
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